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| Murder of Kandee Martin | |
|---|---|
| Location | Orangeburg, South Carolina, United States |
| Date | February 16, 2001 |
Attack type | Arson and murder by shooting |
| Convicted | Marion Bowman Jr. Travis Felder James Tywan Gadson |
| Verdict | Guilty |
| Convictions | Marion Bowman Jr. Murder Third-degree arson Travis Felder Accessory after the fact of arson James Tywan Gadson Accessory after the fact of murder Misprision of a felony |
| Sentence | Marion Bowman Jr. Death – murder Ten years' imprisonment – third-degree arson Travis Felder Three years' imprisonment suspended to three years' probation James Tywan Gadson 20 years' imprisonment |
On February 16, 2001, 21-year-old Kandee Louise Martin (October 2, 1979 – February 16, 2001) was shot to death by a high school acquaintance, who stuffed her body inside the trunk and set fire on the car, burning her body as a result. The killer, Marion Bowman Jr. (born June 6, 1980), was arrested and charged with murder and arson. Bowman, who killed Martin over a monetary dispute, was found guilty of both counts, and sentenced to death for the charge of murdering Martin, while receiving a ten-year jail term for the other charge of third-degree arson. Bowman, who had since lost his appeals against the death penalty, is currently on death row awaiting his execution at Broad River Correctional Institution, with his execution date yet to be scheduled.
Murder
editTrial of Marion Bowman Jr.
editBackground of Bowman
editMarion Bowman Jr. | |
|---|---|
| Born | June 6, 1980 South Carolina, U.S. |
| Criminal status | Incarcerated on death row |
| Conviction(s) | Murder Third-degree arson |
| Criminal penalty | Death (murder) Ten years' imprisonment (arson) |
| Details | |
| Victims | Kandee Louise Martin |
| Date | February 17, 2001 |
| Country | United States |
| State(s) | South Carolina |
| Imprisoned at | Broad River Correctional Institution |
Born on June 6, 1980,
Trial, murder conviction and death penalty
editIn June 2001, Marion Bowman Jr. was officially indicted by a grand jury for one count of murder and one count of third-degree arson. The offence of murder carries the death penalty under South Carolina state law.
On May 17, 2002, Bowman was officially put on trial before an Orangeburg County jury for both charges of arson and murder. Bowman was represented by Norbert Cummings Jr. and Marva Hardee-Thomas during the trial, and during the procedure, the defence argued that the testimony of Gadson should not be trusted since he and the others involved in the case had taken plea deal agreements and he had a motivation for pinpointing Bowman as the shooter, and also argued that the gun may have been planted by investigators to further incriminate Bowman as the killer.
On May 24, 2002, after three hours of deliberation, Bowman was found guilty of murder and arson on both counts by the jury.
On May 25, 2002, Bowman was sentenced to death after the jury unanimously recommended the death penalty with respect to the murder charge. Bowman was also sentenced to ten years in prison for the other charge of third-degree arson.
Appeal process
editOther legal issues
editLawsuit for lifting of media ban
editDuring his time on death row, the case of Marion Bowman Jr. garnered attention from anti-death penalty groups and civil groups. One of them, the American Civil Liberties Union (ACLU)
Lawsuit against state capital punishment laws
editIn 2023, Bowman was one of the several death row inmates who sued the state of South Carolina against its capital punishment laws, seeking to prohibit the use of firing squad and electric chair on the grounds that they were cruel and unusual punishments and would cause unnecessary pain and suffering to the condemned, which made these execution methods unconstitutional.[1] The state's legal representatives, however, responded tthat both the electric chair and firing squad fit the existing protocols and it was not necessitated in law that death had to be instantaneous or painless.[2][3]
On July 31, 2024, a five-judge panel of the South Carolina Supreme Court delivered their final verdict, upholding the constitutionality of both the electric chair and firing squad, a majority of the judges approving the two methods: three for firing squad and four for the electric chair. This decision allowed the possibility of re-starting executions in South Carolina for all the 32 inmates on the state's death row, including Bowman.[4][5][6] At the time of this ruling, five condemned inmates – consisting of Bowman, Freddie Eugene Owens, Richard Bernard Moore, Brad Sigmon and Mikal Mahdi – had exhausted all avenues of appeal and they were the most likely inmates in line for imminent execution on a later date.[7]
Eventually, the 13-year moratorium in South Carolina was lifted after one of the five inmates, Freddie Owens, was put to death on September 20, 2024.[8] Owens's execution was followed by that of Richard Moore on November 1, 2024.[9]
Scheduling of execution date
editAfter the loss of his legal motion in 2024, Marion Bowman Jr. remains on death row for murdering Kandee Martin as of 2024.
On August 28, 2024, a court order was issued to allow the state to carry out a total of six executions over the following year,[10] with each execution carried out for every five weeks apart of each other.[11]
Apart from Bowman himself, the other five inmates named on the list were Freddie Eugene Owens, Richard Bernard Moore, Brad Sigmon, Steven Bixby, and Mikal Mahdi.[12] Both Owens and Moore – both sentenced in 1999 and 2001 respectively – were the first two out of the six to be executed on September 20 and November 1, 2024, respectively.[13][14]
With the executions of both Owens and Moore, Bowman was the third and next condemned prisoner who would be executed on a date to be decided, since his death sentence was imposed in 2002. Given that Moore was put to death on November 1, 2024, it was speculated that Bowman would be executed five weeks later on December 6, 2024, and a death warrant would be issued on November 8, 2024, which was a Friday and the state often issued death warrants regularly on a Friday. However, the execution date was not set on that date itself.[15]
On November 11, 2024, it was reported that Bowman and the remaining three condemned inmates on the execution schedule list had filed an appeal, asking the state to not execute them during the winter holiday period, and hold off their executions until after Christmas and New Year's Day. Although the state rebutted in court that it was not new for the state to execute condemned inmates during winter holidays, including five between December 4, 1998 and January 8, 1999,[16] the defence lawyers submitted a statement in court:
"Six consecutive executions with virtually no respite will take a substantial toll on all involved, particularly during a time of year that is so important to families."[17]
On November 14, 2024, the South Carolina Supreme Court granted the inmates a temporary respite, agreeing to not authorise any new death warrants until at least January 3, 2025.[18][19]
With this arrangement, Bowman and the other three prisoners in line for execution had their potential execution dates pushed back to 2025. Since Bowman's death sentence was imposed earlier than the others, his earliest tentative execution date was likely January 31, 2025, should the state Supreme Court signed his death warrant on January 3, 2025.[20][21]
See also
editReferences
edit- ^ Owens v. Stirling [2023], South Carolina Supreme Court (United States).
- ^ "South Carolina wants to restart executions with firing squad, electric chair and lethal injection". Associated Press. February 6, 2024.
- ^ "South Carolina wants to resume executions with firing squad and electric chair, says "instantaneous or painless" death not mandated". CBS News. February 6, 2024.
- ^ "South Carolina Supreme Court rules state death penalty including firing squad is legal". Associated Press. July 31, 2024.
- ^ "South Carolina supreme court rules state's death penalty is legal". The Guardian. July 31, 2024.
- ^ "South Carolina Supreme Court rules state death penalty including firing squad is legal". CNN. July 31, 2024.
- ^ "After SC high court rules executions can go ahead, these 5 men could be scheduled to die". South Carolina Daily Gazette. August 2, 2024.
- ^ "South Carolina executes first inmate in 13 years". BBC News. September 21, 2024.
- ^ "South Carolina executes Richard Moore despite objections from judge and jurors". The Guardian. November 1, 2024.
- ^ "Executions in SC would continue monthly until at least March under AG's suggested timeline". South Carolina Daily Gazette. August 28, 2024.
- ^ "SC Supreme Court will wait 5 weeks between death notices, sets order for executions". South Carolina Daily Gazette. August 30, 2024.
- ^ "South Carolina Supreme Court ruling lists order six death row inmates will be executed". Greenville News. August 30, 2024.
- ^ "South Carolina death row inmate dies by state's first lethal injection in 13 years". CNN. September 20, 2024.
- ^ "South Carolina executes Richard Moore despite broadly supported plea to cut sentence to life". Associated Press. November 1, 2024.
- ^ "South Carolina does not set a date for the next execution after requests for a holiday pause". Associated Press. November 11, 2024.
- ^ "Death row inmates ask for pause in executions over winter holiday". South Carolina Daily Gazette. November 11, 2024.
- ^ "South Carolina death row prisoners request pause in executions over winter holidays". The Mirror. November 11, 2024.
- ^ "No more death row executions until January, SC Supreme Court decides". South Carolina Daily Gazette. November 14, 2024.
- ^ "SC Supreme Court orders winter holiday break from prisoner executions". The Post and Courier. November 14, 2024.
- ^ "South Carolina to take a break from executions for the holidays". Associated Press. November 14, 2024.
- ^ "South Carolina to take a break from executions for the holidays". ABC News. November 14, 2024.